2005 Texas Penal Code CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT

PENAL CODE

CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT

§ 20.01. DEFINITIONS. In this chapter:
(1) "Restrain" means to restrict a person's movements
without consent, so as to interfere substantially with the person's
liberty, by moving the person from one place to another or by
confining the person. Restraint is "without consent" if it is
accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the
victim, if:
(i) the victim is a child who is less than
14 years of age or an incompetent person and the parent, guardian,
or person or institution acting in loco parentis has not acquiesced
in the movement or confinement; or
(ii) the victim is a child who is 14 years
of age or older and younger than 17 years of age, the victim is taken
outside of the state and outside a 120-mile radius from the victim's
residence, and the parent, guardian, or person or institution
acting in loco parentis has not acquiesced in the movement.
(2) "Abduct" means to restrain a person with intent to
prevent his liberation by:
(A) secreting or holding him in a place where he
is not likely to be found; or
(B) using or threatening to use deadly force.
(3) "Relative" means a parent or stepparent, ancestor,
sibling, or uncle or aunt, including an adoptive relative of the
same degree through marriage or adoption.
(4) "Person" means an individual, corporation, or
association.
(5) Notwithstanding Section 1.07, "individual" means
a human being who has been born and is alive.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1999, 76th Leg., ch. 790, § 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 822, § 2.03, eff. Sept. 1, 2003.
§ 20.02. UNLAWFUL RESTRAINT. (a) A person commits an
offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the person restrained was a child younger than 14
years of age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful
control of the child.
(c) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the person restrained was a
child younger than 17 years of age; or
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a
substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor
knows is a public servant while the public servant is lawfully
discharging an official duty or in retaliation or on account of an
exercise of official power or performance of an official duty as a
public servant; or
(C) the actor while in custody restrains any
other person.
(d) It is no offense to detain or move another under this
section when it is for the purpose of effecting a lawful arrest or
detaining an individual lawfully arrested.
(e) It is an affirmative defense to prosecution under this
section that:
(1) the person restrained was a child who is 14 years
of age or older and younger than 17 years of age;
(2) the actor does not restrain the child by force,
intimidation, or deception; and
(3) the actor is not more than three years older than
the child.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1997, 75th Leg., ch. 707, § 1(b), 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 790, § 2, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 524, § 1, eff. Sept. 1, 2001.
§ 20.03. KIDNAPPING. (a) A person commits an offense if
he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the abduction was not coupled with intent to use or
to threaten to use deadly force;
(2) the actor was a relative of the person abducted;
and
(3) the actor's sole intent was to assume lawful
control of the victim.
(c) An offense under this section is a felony of the third
degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an
offense if he intentionally or knowingly abducts another person
with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the
flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse
him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental
or political function.
(b) A person commits an offense if the person intentionally
or knowingly abducts another person and uses or exhibits a deadly
weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under
this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he voluntarily released the victim in
a safe place. If the defendant proves the issue in the affirmative
by a preponderance of the evidence, the offense is a felony of the
second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 1995, 74th Leg., ch. 318, § 4, eff. Sept. 1, 1995.
§ 20.05. UNLAWFUL TRANSPORT. (a) A person commits an
offense if the person for pecuniary benefit transports an
individual in a manner that:
(1) is designed to conceal the individual from local,
state, or federal law enforcement authorities; and
(2) creates a substantial likelihood that the
individual will suffer serious bodily injury or death.
(b) An offense under this section is a state jail felony.
Added by Acts 1999, 76th Leg., ch. 1014, § 1, eff. Sept. 1, 1999.

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